CZEKALA v. MEEHAN


27 A.D.2d 565 (1966)

Helen Czekala, as Administratrix of The Estate of Teofil Czekala, Deceased, Respondent, v. John T. Meehan, Public Administrator of Bronx County, as Administrator of The Estate of James Shormis, Deceased, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 27, 1966


Judgment affirmed, with costs.

Absent an explanation by defendant as to how plaintiff's decedent, a guest-passenger, met his death when the car operated by defendant's decedent crashed into a highway divider and the concrete base and wooden guardrails resting thereon, plaintiff's proof that the vehicle, in abnormal fashion, left the highway spelled out a cause of action on which factual questions of negligence and contributory negligence were presented (Pfaffenbach...

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